“No sorry. Vande Mataram is not the issue before us but national anthem. An intervenor can only contribute or debate an issue which is before us. He cannot expand the scope of the petition pending before us..no sorry. We will not hear you. All here are in agreement that vande mataram issue need not be debated”, Chief Justice Dipak Misra
While hinting that it might recall its earlier order asking cine-goers to stand up for national anthem before a movie once Centre takes a decision in this regard and comes up with a notification or circular, the Supreme Court on Monday refused to admit a plea which said "equal respect and status" should be given to National Song Vande Mataram too.
Supreme Court lawyer Sanjeev Bhatnagar, who had filed the petition, was also refused to become an intervenor in the anthem case.
“No sorry. Vande Mataram is not the issue before us but national anthem. An intervenor can only contribute or debate an issue which is before us. He cannot expand the scope of the petition pending before us..no sorry. We will not hear you”, Chief Justice Dipak Misra told Bhatnagar.
"Constituent Assembly of India was empowered by Jawaharlal Nehru in August 25, 1948 by making a statement to alter the words or choose entirely a new song but unfortunately it could not be done and on January 24, 1950 Jana Gana Mana and Vande Mataram both songs were adopted of equal honour with each other and equal status," said the petition filed by Bhatnagar.
This was one of the several intervention applications filed by people who opposed to the November 30 order which made it mandatory for all cinema theatres across the country to play the National Anthem during which it was made compulsory for the public to show respect by standing up.
Bhatnagar argued that a decision on equal respect to anthem and National Song required an intervention by the SC because "clearly the role of Vande Mataram has been referred by the Constituent Assembly as it has played a historic part in the struggle in the Indian Freedom".
"The author Tagore conceded in his own letters written in 1937 he gave his composition "Bharat Bhagya Vidhata" to then Congress officials in 1911 and his composition was dedicated to the almighty (Brahmo Samaj). If the song was for almighty (Brahmo Samaj) then how it can be regarded patriotic is not understandable. In fact it appears that we are following blindly and have completely misconceived of the contents and spirit of the Bengali song Bharat Bhagya Vidhata," he argued.